Immigration Reform News 2015: Judge Gives Texas Officials Authority to Deny Birth Certificates to the Children of Immigrant Parents
A federal judge ruled Friday that Texas officials can continue to block undocumented immigrant parents from obtaining birth certificates for their U.S.-born children.
A group of undocumented residents filed a lawsuit against the Lone Star state claiming that Vital Statistics offices have been denying birth certificates for their children. They argued that without a birth certificate, it is difficult for them to enroll their children in Medicaid or day care even though their children are American citizens.
Prior to the Texas crackdown on birth certificates, immigrants who lacked legal identification documents, like a driver's licenses or green cards, were allowed to use secondary forms of identification to obtain their children's birth certificates from the Department of State Health Services. One previously accepted form of ID was a Mexican matrícula consular identification card, which is commonly issued to immigrants living illegally in the U.S. by Mexican consulates across the country. However, many Texas county registrars have changed their policies, ThinkProgress reports.
According to immigrant rights advocates, state officials are implementing the new rule in order to make it harder for undocumented residents to live and raise families in Texas.
"It's not right," said a 34-year-old woman who was denied birth certificates for two of her children, to the New York Times. "Yes, I'm here illegally. But I'm the one who committed the crime, not them."
In his ruling, U.S. District Judge Robert Pitman in Austin denied an emergency order sought by families and said Texas officials can refuse to accept matricula consular cards.
"While the Court is very troubled at the prospect of Texas-born children, and their parents, being denied issuance of a birth certificate, Texas has a clear interest in protecting access to that document," Pitman wrote in his opinion, according to the Los Angeles Times.
Although Pitman noted the families' attorneys had "provided evidence which raises grave concerns regarding the treatment of citizen children born to immigrant parents," he said the court needed additional evidence before issuing the emergency injunction they had sought.
As a result, Texas can continue to deny birth certificates to U.S.-born children of immigrants, pending a decision in this case.
Republican Texas Attorney General Ken Paxton praised the ruling in a statement, calling it an "important first step in ensuring the integrity of birth certificates and personal identity information."
He added that, "Before issuing any official documents, it's important for the state to have a way to accurately verify people are who they say they are through reliable identification mechanisms. We will continue defending DSHS's policy on safeguarding Texans' most sensitive information and vital documents."
On the other hand, the lead attorney for the children, Jennifer Harbury of Texas RioGrande Legal Aid Inc., argued that "Without their birth certificates, they are having difficulty gaining access to basic services, including school and medical care. Texas must allow a clear path for all children born in this country to gain access to birth certificates and their full rights as citizens. It may not establish an obstacle course for these children alone."
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